LCP4801 – Assignment 02 Semester 2, 2025 Solutions

LCP4801 – Assignment 02 Semester 2, 2025 Solutions This document contains detailed solutions and explanations for Assignment 02 of the LCP4801 course for Semester 2, 2025. It covers key legal topics such as the formation and validity of partnerships under South African law, the TWAIL movement in international law, theories of statehood, and state sovereignty competences with relevant case law references. The content is structured as question-and-answer format solutions, aimed at helping students understand legal principles and apply them to hypothetical scenarios. This material is intended as an educational reference for exam preparation or assignment study. Keywords: partnership South African law capital contribution services as partnership contribution usufruct contribution validity of partnership agreement TWAIL Third World Approaches to International Law colonialism and international law decolonization of international law constitutive theory of statehood declaratory theory of statehood Montevideo Convention criteria state sovereignty competences internal sovereignty external sovereignty constitutional competence ICJ case law Strydom v Lyons Wall Advisory Opinion Reparations for Injuries case North Sea Continental Shelf case Question 1 Following a conference on decolonising international law, your line manager, a senior legal advisor, informs you that the TWAIL movement enjoyed a great deal of attention. He asks you to provide responses to the following questions, which will form part of his report. 1.1 What does the acronym TWAIL stand for? (4) 1.2 What informed the development of the TWAIL movement? (5) 1.3 What are the objectives of TWAIL? (6) [15] Question 2 The Republic of Illinia (Illinia) is a large, landlocked African country. The Weland Federation (Weland) is a coastal State neighbouring Illinia. Illinia and Weland are both members of the African Union and the United Nations. Weland has a long history of internal conflict and the Welandian Government asserts little control beyond the capital. Weland is comprised of a number of semi-autonomous regions which do not have capacity under Weland’s Constitution to conclude international agreements. Weland’s largest region is Sufjan in the north which has a distinct history, culture and language from the rest of Weland and which declared its independence in 2005. No State recognizes Sufjan’s independence. 2.1 What theory of Statehood does the non-recognition of Sufjan speak to and how? (4) 2.2 Contrast the theory discussed above with that of an alternative theory of Statehood. Your answer must make reference to submissions made by scholars on the application of the theory. (6) 2.3 The statement ‘Welandian Government asserts little control beyond the capital’ implies that Weland enjoys three distinct competences. What are these competences and what is the difference between them? Your answer must make reference to the appropriate case law. (25)